I believe that the Making Home Affordable program allows you to mod your loan without being delinquent. However, there are thousands of low level employees answering the phones at the loan servicers that have not gotten the message. I have heard from many sources that BOA is difficult; BOA does have the largest volume of loans serviced, so I am sure there are stories good and bad.
Here is a link to the gov't site
http://makinghomeaffordable.gov
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